Traditionally, unfair competition laws protect the first user of a name, brand or symbol in connection with the sale of goods or services against a competitor whose subsequent use of such a name, brand or symbol confuses consumers as to the source and/or quality of the goods or services. Unfair competition laws also protect consumers from the tort of passing off which occurs when, for example, a consumer asks to buy a specific product but is actually, without knowing, sold another product, typically of inferior quality.
In the beverage brewing industry, suppliers of tea leaf, for example, often supply to food establishments (i.e., in addition to the tea leaf) tea brewing apparatuses, and such apparatuses typically display the name of the supplier of the tea leaf or the tea leaf brand. It may be desirable, for instance, for superior food companies, like Unilever Bestfoods, to supply tea leaf (i.e., under the Lipton Tea Brand) to food establishments, along with a tea brewing apparatus marked with the famous Lipton Tea Brand logo. The marking on the beverage brewing apparatus provides notice to the consumer or end user that a specific product, of known quality, aroma and taste, is being brewed and dispensed from the tea brewing apparatus.
Unfortunately, however, many food establishments, subsequent to obtaining a beverage brewing apparatus, do not always brew a beverage, like tea, with a brand of beverage precursor that is supplied by (e.g., matches) the company having its name or brand displayed on the beverage brewing apparatus. Such a practice often confuses a consumer such that the consumer typically gets a brewed beverage of a quality that is less than the quality of the beverage expected. Moreover, the practice of brewing a beverage in such a matter, almost always, results in the consumer getting a beverage having an unexpected aroma and taste.
It is of increasing interest to develop a beverage brewing apparatus that is suitable to prevent the passing off of a beverage. This invention, therefore, is directed to a beverage brewing apparatus wherein the apparatus has a key means to accept one brand of a filter pack with beverage precursor packed therein.